TNAG-2991-FCO40-3566-Future-of-Hong-Kong-constitutional-development-1992 — Page 112

Ms Barrett

CONFIDENTIAL

Reference

129.

Constit

37

Derpt.

Mais

az/r

AMENDING THE BASIC LAW: DEMOCRATIZATION

1.

صبا

Further to my recent minute to Miss Brooks, you should be aware that Mr Goodlad last week told political figures in Hong Kong, who subsequently told the press, that in our view, if the political will was there, the Basic Law could be amended before it comes into force.

2.

You may like to see the attached article by Michael Davis of the Chinese University. He highlights the point that the composition of the first LegCo after 30 June 1997 is not set out in the Basic Law itself but in a separate Decision of the NPC. (I suppose this means that, if Ministers do decide to proceed unilaterally in 1995, it would be marginally less confrontational to go for a LegCo set up on the lines laid down in BL Annex II for the second term of the SAR LegCo (24 directly-elected members; 30 from functional constituences; 6 elected by an Election Committee). Unlike the OMELCO consensus this would also enable us to experiment with an Election Committee.)

3.

Mr Wye has pointed out orally that under the Chinese constitution the NPC has the power to make and amend laws and there is no provision for one NPC to bind another. Nonetheless we still feel that it would be worth trying to get a view on amending the BL from someone who has studied Chinese law. (We can be misled by our own grounding in the sovereignty of Parliament.) Are there any academic contacts eg at SOAS with whom you might be able to discuss this, please?

CODE 18-77

Mos

N J COX

Hong Kong Department

WH 302 270 2650

1 June 1992

Cc:

Miss Brooks

Mr Wye, RAD

Mr Seaton, FED

Miss Saunders o/r

NCIACO

SLM

CONFIDENTIAL